5304-S2 AMS MOYE S2447.1
2SSB 5304 - S AMD 000205
By Senator Moyer
NOT ADOPTED 3/12/93
On page 4, strike all of line 1, and insert the following:
"PART I. VOLUNTARY FORMATION OF STATE-WIDE HEALTH
INSURANCE PURCHASING POOL
NEW SECTION. Sec. 101. A new section is added to Title 48 RCW to read as follows:
DEFINITION OF A BASIC HEALTH CARE BENEFIT PACKAGE. Carriers regulated under chapters 48.20, 48.21, 48.44, and 48.46 RCW may collectively design a basic health care benefit package. The health services in the benefit package shall not be less than those provided through the basic health plan under chapter 70.47 RCW. Each carrier shall submit a schedule of premiums periodically for the basic benefit package to the commissioner. The insurance commissioner shall review each carrier's schedule of premiums periodically to determine whether they are reasonable in relation to the basic benefit package. Only when the commissioner determines that rates are reasonable shall the carriers offer the basic benefit package.
NEW SECTION. Sec. 102. HEALTH INSURANCE REFORMS. Basic benefit plans authorized under section 101 of this act should be offered subject to the following provisions:
(1) Should not deny, exclude, or limit benefits for a covered individual for losses incurred more than six months following the effective date of the eligible individual's coverage due to a preexisting condition.
(2) Should not modify, decrease, exclude, or restrict benefits through riders, conditions, restrictions, endorsements, or otherwise, on the basis of sex, age, or health status or health condition of the eligible individual.
(3) Should not modify, decrease, or restrict coverage through riders, conditions, restrictions, endorsements, or otherwise, on the basis of category of business trade, employment skill, or vocation or profession of the eligible individual.
(4) Should guarantee renewability of coverage except for nonpayment of premium unless the insurer has obtained the prior written approval of the commissioner who may, at his or her discretion, permit nonrenewal when renewal would impair the carrier's ability to perform its contractual duties.
(5) Entities offering health benefit plans should assume the full financial risk of providing the health benefit plan to all enrollees or participate in risk distribution methods authorized under section 103 of this act.
NEW SECTION. Sec. 103. A new section is added to Title 48 RCW to read as follows:
MEDICAL RISK DISTRIBUTION. The insurance commissioner shall establish methods to assure the fair distribution of high medical risk enrollees among carriers subject to section 101 of this act or fair financial compensation for basic benefit plans that have a disproportionately large number of high medical risk enrollees. This shall be done in a manner to assure that costs associated with providing services to high medical risk enrollees is fairly distributed among the regulated carriers.
NEW SECTION. Sec. 104. A new section is added to Title 48 RCW to read as follows:
INSURANCE COMMISSIONER AUTHORITY. If the insurance commissioner determines that less than one hundred percent of the regulated carriers in the state have not complied with sections 101 through 103 of this act by July 1, 1995, the commissioner shall exercise duties and responsibilities under chapter ---, Laws of 1993 (this act).
NEW SECTION. Sec. 105. Sections 101 through 103 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
NEW SECTION. Sec. 106. Sections 202 through 215, 229 through 252, 271 through 283, 301 through 308, 317 through 339, 346 through 351, 354 through 363, and 366 of this act shall take effect July 1, 1995, only if the insurance commissioner determines and certifies to the governor that less than one hundred percent of the regulated carriers in the state have not complied with sections 101 through 103 of this act."
Renumber the remaining parts and sections consecutively and correct internal references accordingly.
2SSB 5304 - S AMD
By Senator Moyer
On page 22, line 2, strike "1997" and insert "1999"
2SSB 5304 - S AMD
By Senator Moyer
On page 23, line 27, strike "1994" and insert "1996"
2SSB 5304 - S AMD
By Senator Moyer
On page 24, line 6, strike "1996" and insert "1998"
On page 24, line 27, strike "1996. On January 1, 1997" and insert "1998. On January 1, 1999"
2SSB 5304 - S AMD
By Senator Moyer
On page 25, line 36, strike "1996" and insert "1998"
2SSB 5304 - S AMD
By Senator Moyer
On page 26, line 7, strike "1997" and insert "1999"
2SSB 5304 - S AMD
By Senator Moyer
On page 27, line 16, strike "1995" and insert "1997"
On page 27, line 30, strike "1994" and insert "1996"
2SSB 5304 - S AMD
By Senator Moyer
On page 28, line 7, strike "1994" and insert "1996"
On page 28, line 26, strike "1994" and insert "1996"
2SSB 5304 - S AMD
By Senator Moyer
On page 30, line 6, strike "1995" and insert "1997"
2SSB 5304 - S AMD
By Senator Moyer
On page 31, line 28, strike "1994" and insert "1996"
On page 31, line 31, strike "1997" and insert "1999"
2SSB 5304 - S AMD
By Senator Moyer
On page 32, at the beginning of line 4, strike "1995" and insert "1997"
On page 32, line 4, after "than July" strike "1997" and insert "1999"
On page 32, line 36, strike "1997" and insert "1999"
2SSB 5304 - S AMD
By Senator Moyer
On page 63, beginning on line 2, strike all of section 271 and insert the following:
"Sec. 271. RCW 82.24.020 and 1989 c 271 s 504 are each amended to read as follows:
(1) There is levied and there shall be collected as hereinafter provided, a tax upon the sale, use, consumption, handling, possession or distribution of all cigarettes, in an amount equal to the rate of eleven and one-half mills per cigarette.
(2) Until July 1, 1995, an additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of one and one-half mills per cigarette. All revenues collected during any month from this additional tax shall be deposited in the drug enforcement and education account under RCW 69.50.520 by the twenty-fifth day of the following month.
(3) There is an additional tax imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to ten cents per cigarette. All revenues collected from this additional tax shall be deposited in the basic health plan trust account to be used exclusively for the purposes of chapter 70.47 RCW.
(4) Wholesalers and retailers subject to the payment of this tax may, if they wish, absorb one-half mill per cigarette of the tax and not pass it on to purchasers without being in violation of this section or any other act relating to the sale or taxation of cigarettes.
(((4))) (5)
For purposes of this chapter, "possession" shall mean both (a)
physical possession by the purchaser and, (b) when cigarettes are being
transported to or held for the purchaser or his designee by a person other than
the purchaser, constructive possession by the purchaser or his designee, which
constructive possession shall be deemed to occur at the location of the
cigarettes being so transported or held.
Sec. 272. RCW 82.26.020 and 1983 2nd ex.s. c 3 s 16 are each amended to read as follows:
(1) From and after June 1, 1971, there is levied and there shall be collected a tax upon the sale, use, consumption, handling, or distribution of all tobacco products in this state at the rate of forty-five percent of the wholesale sales price of such tobacco products. Such tax shall be imposed at the time the distributor (a) brings, or causes to be brought, into this state from without the state tobacco products for sale, (b) makes, manufactures, or fabricates tobacco products in this state for sale in this state, or (c) ships or transports tobacco products to retailers in this state, to be sold by those retailers.
(2) An additional tax
is imposed equal ((to the rate specified in RCW 82.02.030)) seven
percent multiplied by the tax payable under subsection (1) of this section.
(3) An additional tax is imposed equal to 381.80 percent of the wholesale sales price of tobacco products. Revenues collected under this subsection shall be deposited in the basic health plan trust account to be used exclusively for the purposes of chapter 70.47 RCW."
Renumber the remaining sections consecutively and correct internal references accordingly.
2SSB 5304 - S AMD
By Senator
On page 64, after line 24, strike all of section 273
Renumber the remaining sections consecutively and correct internal references accordingly.
2SSB 5304 - S AMD
By Senator Moyer
On page 66, line 5, after "June 30," strike "1995" and insert "1997"
On page 66, line 6, after "July 1," strike "1995" and insert "1997"
On page 66, line 6, after "June 30," strike "1997" and insert "1999"
2SSB 5304 - S AMD
By Senator Moyer
On page 67, line 24, strike "1995" and insert "1997"
On page 67, at the beginning of line 25, strike "1995" and insert "1997"
On page 67, line 25, strike "1997" and insert "1999"
2SSB 5304 - S AMD
By Senator Moyer
On page 68, line 26, strike "1995" and insert "1997"
On page 68, line 27, strike "1995" and insert "1997"
On page 68, at the beginning of line 33, strike "1995" and insert "1997"
On page 68, line 35, strike "1994" and insert "1996"
2SSB 5304 - S AMD
By Senator Moyer
On page 69, line 22, strike "1995" and insert "1997"
On page 69, line 23, strike "1995" and insert "1997"
On page 69, line 29, strike "1995" and insert "1997"
On page 69, line 31, strike "1994" and insert "1996"
2SSB 5304 - S AMD
By Senator Moyer
On page 70, line 16, after "January 1," strike "1995" and insert "1997"
On page 70, line 16, after "December 31," strike "1995" and insert "1997"
On page 70, line 22, strike "1995" and insert "1997"
On page 70, line 25, strike "1994" and insert "1996"
2SSB 5304 - S AMD
By Senator Moyer
On page 74, line 7, strike "1995" and insert "1997"
On page 74, line 32, strike "1995" and insert "1997"
2SSB 5304 - S AMD
By Senator Moyer
On page 75, line 2, strike "1995" and insert "1997"
On page 75, line 4, strike "1995" and insert "1997"
On page 75, line 14, strike "1995" and insert "1997"
On page 75, line 18, strike "1995" and insert "1997"
On page 75, line 32, strike "1995" and insert "1997"
On page 75, line 38, strike "1995" and insert "1997"
2SSB 5304 - S AMD
By Senator Moyer
On page 76, line 4, strike "1995" and insert "1997"
2SSB 5304 - S AMD
By Senator Moyer
On page 82, line 5, strike "1995" and insert "1997"
2SSB 5304 - S AMD
By Senator Moyer
On page 85, line 32, strike "1996" and insert "1998"
2SSB 5304 - S AMD
By Senator Moyer
On page 101, line 2, strike "1994" and insert "1996"
2SSB 5304 - S AMD
By Senator Moyer
On page 113, line 28, strike "1997" and insert "1999"
On page 113, line 35, strike "1995" and insert "1997"
2SSB 5304 - S AMD
By Senator Moyer
On page 114, line 13, strike "1995" and insert "1997"
On page 114, line 21, strike "1995" and insert "1997"
On page 114, line 26, strike "1996" and insert "1998"
On page 114, line 31, strike "1996" and insert "1998"
2SSB 5304 - S AMD
By Senator Moyer
On page 115, line 3, strike "1997" and insert "1999"
On page 115, line 8, strike "1997" and insert "1999"
On page 115, line 15, strike "1998" and insert "2000"
2SSB 5304 - S AMD
By Senator Moyer
On page 117, line 29, strike "1994" and insert "1996"
On page 117, line 34, strike "1994" and insert "1996"
On page 117, line 37, strike "1995 through 1997" and insert "1997 through 1999"
2SSB 5304 - S AMD
By Senator Moyer
On page 119, line 37, strike "1997" and insert "1999"
On page 119, line 38, strike "1999" and insert "2001"
2SSB 5304 - S AMD
By Senator Moyer
On page 120, line 29, after "SCHEDULE." insert "The following schedule shall be delayed two years."
2SSB 5304 - S AMD
By Senator Moyer
On page 128, after line 37, insert the following:
"O. INSURANCE CODE REVISIONS
Sec. 367. RCW 48.21.010 and 1992 c 226 s 2 are each amended to read as follows:
Group disability insurance is that form of disability insurance, including stop loss insurance as defined in RCW 48.11.030, provided by a master policy issued to an employer, to a trustee appointed by an employer or employers, or to an association of employers formed for purposes other than obtaining such insurance, except as may be authorized in sections 101 through 103 of this act, covering, with or without their dependents, the employees, or specified categories of the employees, of such employers or their subsidiaries or affiliates, or issued to a labor union, or to an association of employees formed for purposes other than obtaining such insurance, covering, with or without their dependents, the members, or specified categories of the members, of the labor union or association, or issued pursuant to RCW 48.21.030. Group disability insurance shall also include such other groups as qualify for group life insurance under the provisions of this code.
Sec. 368. RCW 48.21.050 and 1947 c 79 s .21.05 are each amended to read as follows:
Except as provided for in sections 101 through 103 of this act, every policy of group or blanket disability insurance shall contain in substance the provisions as set forth in RCW 48.21.060 to 48.21.090, inclusive, or provisions which in the opinion of the commissioner are more favorable to the individuals insured, or at least as favorable to such individuals and more favorable to the policyholder. No such policy of group or blanket disability insurance shall contain any provision relative to notice or proof of loss, or to the time for paying benefits, or to the time within which suit may be brought upon the policy, which in the opinion of the commissioner is less favorable to the individuals insured than would be permitted by the standard provisions required for individual disability insurance policies.
Sec. 369. RCW 48.30.300 and 1975-'76 2nd ex.s. c 119 s 7 are each amended to read as follows:
No person or entity engaged in the business of insurance in this state shall refuse to issue any contract of insurance or cancel or decline to renew such contract because of the sex or marital status, or the presence of any sensory, mental, or physical handicap of the insured or prospective insured. The amount of benefits payable, or any term, rate, condition, or type of coverage shall not be restricted, modified, excluded, increased or reduced on the basis of the sex or marital status, or be restricted, modified, excluded or reduced on the basis of the presence of any sensory, mental, or physical handicap of the insured or prospective insured. Except as provided for in sections 101 through 103 of this act, these provisions shall not prohibit fair discrimination on the basis of sex, or marital status, or the presence of any sensory, mental, or physical handicap when bona fide statistical differences in risk or exposure have been substantiated.
Sec. 370. RCW 48.44.220 and 1983 c 154 s 4 are each amended to read as follows:
No health care service contractor shall deny coverage to any person solely on account of race, religion, national origin, or the presence of any sensory, mental, or physical handicap. Except as provided for in sections 101 through 103 of this act, nothing in this section shall be construed as limiting a health care service contractor's authority to deny or otherwise limit coverage to a person when the person because of a medical condition does not meet the essential eligibility requirements established by the health care service contractor for purposes of determining coverage for any person.
No health care service contractor shall refuse to provide reimbursement or indemnity to any person for covered health care services for reasons that the health care services were provided by a holder of a license under chapter 18.22 RCW.
Sec. 371. RCW 48.46.370 and 1983 c 106 s 15 are each amended to read as follows:
No health maintenance organization may deny coverage to a person solely on account of the presence of any sensory, mental, or physical handicap. Except as provided for in sections 101 through 103 of this act, nothing in this section may be construed as limiting a health maintenance organization's authority to deny or otherwise limit coverage to a person when the person because of a medical condition does not meet the essential eligibility requirements established by the health maintenance organization for purposes of determining coverage for any person."
Renumber the subparts and sections consecutively and correct internal references accordingly.
2SSB 5304 - S AMD
By Senator Moyer
Beginning on page 136, line 31, strike all of section 376
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